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veterans disability litigation Disability Lawyers

A veteran disability lawyer can assist you throughout the claims process. From gathering medical and service evidence to filing an appeal of a denied claim.

Choose a veteran disability lawyer who is specialized in these kinds of cases and is acquainted with the VA system. This will ensure that your case receives the attention it deserves.

Proving Service Connection

The VA will only offer disability benefits when it can be proven that your condition is related to your military service. This is referred to as a connection. You can use different types of evidence to prove this connection. These include medical documents, independent health examinations (IME), or the nexus letters from current healthcare providers (especially in the cases of mental health issues). There are occasions when veterans disability attorneys have medically determined disabilities, but they cannot be considered to be service-connected due missing or incomplete records. These cases require the assistance of experienced New York disability lawyers who are able to present an entire claim and provide evidence that is supported by experts who are independent.

It is easier to prove that there is a direct connection to your service for injuries or illnesses which occurred while in the military. If you were injured in the military, and now suffer from headaches and concussions, it is easier to establish a direct connection to the service.

It is harder to get service-connected if you had an existing medical condition that was worsened while you were in military service. In order to prove that your time in service worsened or aggravated an existing illness You must present expert medical evidence that is at the level of "clear and unmistakable" proof.

Appealing a Denial

The VA will review your case after you have submitted your application and provided evidence of medical necessity. The VA typically issues the decision of approving or disapproving benefits. If the decision is not favorable the veteran has one year to make a notice of disagreement. A lawyer for veterans' disability can assist the claimant in navigating the three possible review options that include an additional claim, a higher-level review, or direct appeal to the Board of Veterans' Appeals.

When deciding on when choosing a New York veterans disability lawyer Make sure you consider whether they are familiar with your military experience and army's culture. This will make the process more comfortable and less requiring you to explain your experience and situations in plain language.

You also want a firm who will remain on your case for the entire multi-year appeals process. Be wary of firms that only assist you in the initial phases of your claim and then vanish.

A seasoned New York veterans' disability attorney can help you with every stage of your claim including appeals. They can help you submit additional medical evidence and request a formal hearing and represent you at any Board meetings to ensure that your case is treated fairly. They can also assist you to win your benefits, including monetary compensation, aid and attendance, education benefits or unemployability benefits.

How can I get a better rating

There may come a time when your disability gets worse or your symptoms become more complicated or broad. It makes sense in this scenario to ask for an increase in the rating. A veteran disability lawyer can assist you in this process and assist you to gather evidence to support your claim.

It's not unusual to see the VA to make mistakes that result in a lower rating than you deserve. It's worth contacting an expert to examine your records for mistakes. They may have overlooked an injury or left out the issue that could be coupled with another disability to receive an even higher rating.

Even when it's been over one year since the initial rating decision, you have the option of filing a higher-level review or supplemental claim. This involves a thorough review of your file and can result in the change of your effective date or an entirely new rating that's more accurate to how you really feel.

If you think you're worthy of an assessment of 100 percent, or higher, you should consider seeking a supplemental claim. A disability lawyer can help you build a strong case for this rating that is reserved for the most debilitating of disabilities. A mental health condition like this one, for instance, may qualify you for a 100 percent disability rating because it can interfere with employment or result in frequent hospitalizations that do not normally trigger this level for a heart issue or other medical condition.

Need Help with the Appeals Process

Despite what some think the denial of an application for disability benefits by the VA isn't the end of an individual's chances to receive benefits. In fact, a former veteran has one year from the date their local veterans disability lawyer hospital or office mails them a decision that is not favorable to file an appeal.

An experienced veterans disability attorney can help a vet determine which of the current three options for appeal would be the most appropriate for his particular situation. They can also assist an individual in assembling the evidence needed to convince a higher-level reviewer their prior decision was incorrect. They may also give a veteran an opportunity to have a formal hearing front of a Veterans Law judge.

A New York veteran disability lawyer can give you the personalized attention to your claim that you require. They also have extensive experience managing VA disability claims, and veterans disability lawyer they understand the rules and procedures in detail. Additionally, some attorneys are veterans disability litigation themselves, which means that they understand the challenges that disabled veterans disability lawyer have to face. This creates a distinct type of empathy, which can enhance the outcome of a case involving a disabled veteran.

Sullivan & Kehoe can review your VA disability claim for no cost to determine if we can assist you. Contact us today for your complimentary evaluation.